Allahabad High Court
Ajay Kumar Singh And 5 Others vs State Of U.P. And 2 Others on 14 December, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:237083
Court No. - 89
Case :- APPLICATION U/S 482 No. - 45650 of 2023
Applicant :- Ajay Kumar Singh And 5 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Sitaram Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Counsel for the applicants is permitted to make necessary correction in the prayer clause during course of the day..
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned chalani report dated 07.10.2023 issued by the In-charge Inspector, P.S. Mehnagar, District Azamgarh, under Section 110-G Cr.P.C. and notice dated 16.10.2023 under Section 110/111 Cr.P.C. issued by UP Zila Magistrate Mehnagar, Azamgarh.
3. It is submitted by learned counsel for the applicants that impugned order has been passed on a printed proforma by filling the blanks and it has been passed without application of judicial mind and as such, it is not sustainable in the eyes of law. The notice issued by the authority is without following the provision provided in court. Learned counsel for the applicants has placed reliance on the judgment of this Court in the case of Ankit Vs. State of U.P. and another, reported in 2009(9) ADJ page 778.
4. On the basis of aforesaid judgment, it has been submitted by learned counsel for the applicants that summoning of accused in criminal case is a serious matter and the order impugned reflects that the Magistrate had not applied its judicial mind, as in the present case the impugned order has been passed on printed proforma, which clearly indicates that the same has been passed without applying judicial mind and the learned Magistrate only put its signature at the bottom of order.
5. On the other hand, learned AGA has submitted that order has been passed by the learned Magistrate after considering the material which are available on record, but he could not dispute the fact that the order has been passed on the printed proforma.
6. The present case is finally decided at the admission stage itself without issuing notice to the opposite party no.2.
7. From bare perusal of impugned order, it is apparent that it has been passed on a printed proforma by filling the blanks and it appears that the blanks were filled up by some staff of the concerned Magistrate and the concerned Magistrate has only put its initial at the bottom of the order.
8. The law on this point is well settled that prior to issuing notices to the accused-persons, the concerned Magistrate has to apply its judicial mind and that the order cannot be passed in a mechanical manner.
9. In view of above, since impugned orders have been passed on a printed proforma by filling the blanks without application of judicial mind and as such, it is not sustainable in the eyes of law.
10. Accordingly the application under section 482 Cr.P.C. is allowed. The impugned order dated 16.10.2023, is hereby, quashed.
11. The concerned Magistrate is directed to pass a fresh order in the aforesaid case in accordance with law, after applying its judicial mind within a period of one month from the date of production of a copy of this order.
Order Date :- 14.12.2023
Meenu Singh
